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2025 DAILYLAW 42668 (CHH)

SMT. RAJMANI KASHYAP v. MUKESH KUMAR

MAC/2148/2024 · 2025-03-08

Shri Narendra Kumar Vyas

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Judgment text

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1 2025:CGHC:11605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Narendra Kumar Vyas Member - Lok Adalat : Mr. Ashok Kumar Verma, Advocate MAC No. 2148 of 2024 1. Smt. Rajmani Kashyap W/o Late Shri Sunder Kashyap Aged About 38 Years R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) 2. Parvati Kashyap D/o Late Shri Sunder Kashyap Aged About 20 Years R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) 3. Daymati Kashyap D/o Late Shri Sunder Kashyap Aged About 18 Years R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) 4. Dhaneshwari Kashyap D/o Late Shri Sunder Kashyap Aged About 17 Years (Minor)(Through Next Friend Appellant No. 1) R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) 5. Mangalram Kashyap S/o Late Shri Sunder Kashyap Aged About 14 Years (Minor)(Through Next Friend Appellant No. 1) R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) 6. Mamita Kashyap D/o Late Shri Sunder Kashyap Aged About 13 Years (Minor)(Through Next Friend Appellant No. 1) R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) 7. Gomti Kashyap W/o Late Shri Dashrath Kashyap Aged About 59 Years R/o Tamakonipara Village Aasna, Police Station Kotwali District Bastar (Chhattisgarh) ... Petitioner(s) versus 1. Mukesh Kumar S/o Shri Mannuram Aged About 20 Years Profession Driver Through Shambhuram S/o Shri Dineshram R/o Parpanaka, Near MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.03.21 11:30:11 +0530 2 Bastar Parivahan Sangh, Geedam Road, Jagdalpur District Bastar (Chhattisgarh)(Vehicle Driver) 2. Smt. Meenadevi W/o Shri Shambhuram R/o Parpanaka, Near Bastar Parivahan Sangh, Geedam Road, Jagdalpur District Bastar Chhattisgarh (Vehicle Owner) 3. The National Insurance Company Limited Through Branch Manager Branch Office, Sirhasaar Chowk, Jagdalpur, District Bastar (Chhattisgarh)(Insurance Company) ... Respondent(s) For Appellants : Mr. Shikhar Shukla, Advocate For Respondent No. 3 : Mr. Pravin Kumar Tulsyan, Advocate AWARD (Passed on 8th March, 2025) 1. The contesting parties to this appeal have amicably settled/compromised the dispute which is subject matter of the appeal, voluntarily. We have also found that the terms and conditions of compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to compromise and hence are acceptable. We accordingly accept the compromise/settlement proposed by the parties and order that the respondent No.3/Insurance Company shall pay Rs. 3,00,000/- (Rupees three lakhs only) by way of compensation in addition to the amount awarded by the learned Tribunal to the appellants within 60 days from today, otherwise interest @ 9% per annum from the date of filing of the claim petition, shall also be payable till its realization of the additional amount of compensation. 2. It is observed that appellants No 4 to 8 are minor, therefore, it is directed that their share shall be kept in the form of fixed deposit in any 3 Nationalized Bank which would be renewable and would be payable on attaining the age of majority, as awarded by the tribunal. 3. It is directed that total enhanced amount of Rs. 3,00,000/- shall be paid of claimant/appellants through transfer of fund in their bank account. 4. A copy of the docket (compromise arrived at between the parties) be sent to the Claims Tribunal along with its record, if any, and a copy of the award passed today, forthwith. Sd/- (Narendra Kumar Vyas) Judge - Lok Adalat High Court of Chhattisgarh Bilaspur Sd/- (Ashok Kumar Verma) Member - Lok Adalat High Court of Chhattisgarh Bilaspur Manish